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10 things to remember in a car accident
Accidents occur every day. We hear about them on the radio, we drive by them, and often times are inconvenienced by the traffic that results. But what do you do if your vehicle is part of the accident? Do you know how to protect yourself from criminal or civil consequences?
Stop
Driving away from an accident can result in serious criminal consequences.
Administer Aid
Have a first aid kit somewhere in your car, like the trunk or the glove compartment. A simple first aid kit can be a lifesaver in an emergency situation. If anyone is injured: render first aid if you are qualified; s top the injured person's bleeding; and c all an ambulance or a doctor or both; and d o not move an injured person in any way that could possibly add to his or her injuries. The goal is to stabilize the medical condition of the injured party until medical personnel can arrive on the scene and administer proper care. Most states have a "Good Samaritan" law that protects an emergency caregiver from liability when rendering first aid in good faith to an accident victim. These laws are designed to encourage people who witness an accident to render first aid without fear of being sued for their actions at a later date. Good Samaritan laws normally do not apply to care givers who are paid for their services.
Protect the Scene from Further Damage
The aftermath of an auto accident may put other drivers at risk. For instance, approaching traffic may not be able to see disabled vehicles ahead. In general, the responsible party may be liable for damages to approaching drivers, unless they are properly warned. Take whatever action is reasonable to make this situation safe for others, but do not risk your personal safety in the process. It is a good idea to carry road flares or reflectors to warn oncoming traffic of the danger in case of such a situation.
Call an Officer
Always call the police after an accident. Police officers and highway patrol officers are trained accident investigators whose testimony may be important if you later seek civil damages. However, in some large metropolitan areas the police may be too busy to come to the scene of a minor accident. In that case it is important to gather as much information as possible. And keep in mind that just because the police did not come to the scene does not mean you cannot file a police report. Go to the police station at the first opportunity, immediately after the accident if possible, and file a police report. This is your official opportunity to give your version of events.
Gather & Write Down Information
Do not trust your memory. Write down the names and addresses of witnesses. If police cannot get to the scene, try to have the witnesses write down what they saw. Some insurance companies provide cards you can hand out to witnesses where they can write down their information and describe the accident. Write down vehicle types, weather, location, vehicle damage, skid marks, and step off distances. Gather all the information you can. Think about carrying a small disposable camera in your glove compartment to take pictures of the accident scene. A small piece of information might be very important at a later date.
Be Careful What You Say
You should cooperate with the police and answer questions about what occurred. However, it is best to make no statements to anyone about who caused the accident. Determining liability is a tricky subject, and should be left to professionals. Although you might think you were at fault, you may learn later that the other driver was equally at fault, or more so. When exchanging information with the other party, only give your name, license plate number, and insurance information. Do not discuss fault, and never give any personal information to such as a social security number to anyone you don't know. The other driver only needs the information that will allow them to contact your insurance company.
Inform Your Auto Insurance Company
Failure to report an accident can void your policy. Remember, you must carry proof of insurance in your vehicle at all times and furnish this information to a law enforcement officer if involved in an accident. Once you contact your insurance company, they can take steps to work with the other driver's insurance carrier to determine liability and settle the claim quickly.
Report the Accident
An accident report is required by law to be filed with the Department of Public Safety within 10 days of the date of the accident if there is injury, death, or damages exceeding $500. An official form is available from your local police, sheriff's department, or highway patrol, or from the Texas Department of Public Safety.
Visit Your Doctor
Serious injuries do not always result in immediate pain or bleeding and can often surface the day after an accident. Do not hesitate to seek medical help. If the other party was at fault, you should be compensated for your treatment through the negligent party's insurance. If you were at fault, you may have med-pay coverage in your insurance policy that will help pay your medical bills. Check your policy to make sure you have the coverage you need.
Consult Your Lawyer
A lawyer is not always necessary, but you may seek the counsel of a lawyer to give you advice and help protect your rights. If you hire an attorney, the insurance company will work directly with your attorney to settle the claim. If the attorney and the insurance carrier cannot reach a settlement that is acceptable to you, the attorney can file a lawsuit and represent you in court. However, most cases can be worked out between the insurance carriers, providing an adequate settlement of your claim.
While we hope never to be involved in a car accident, being prepared and knowing what to do can help better deal with a stressful situation.
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